Freedom of Speech

Overview

Democracy is all about people having a say in how their country is run. A recent study by the Australian Public Service Commission asked Australians what democracy means to them, and most shared three key ideas: freedoms and rights, fair elections and having a say in how they are governed.  

When laws are made and administered on behalf of the people, there must be openness and transparency about their implementation. Freedom of speech, freedom of religion, freedom of the press and freedom of assembly and association are important freedoms that help to hold those in power to account for the decisions they make on behalf of the people. They provide an opportunity for civic participation where the people can participate in the creation and refinement of laws that they must subsequently live by.

Key Freedoms enjoyed in Australia

Freedom of Speech and Expression

Freedom of speech is not only the right to hold an opinion and speak freely, but also the right to seek, receive and impart information and ideas. At international law, this is recognised as an inherent right that all humans should have.

In Australia, freedom of expression – including freedom speech - is not mentioned in the Constitution but rather is a ‘common law freedom’. This means Australians have the freedom to speak openly, to share opinions, challenge ideas, and even criticise the government without fear of persecution. Some state legislation also recognises and protects freedom of speech, for example, s16 of the Human Rights Act 2004 (ACT) and s15 of the Charter of Human Rights and Responsibilities Act 2006 (Vic).

However, freedom of expression must be exercised responsibly and may be subject to limits where necessary to protect the rights of others, or to safeguard national security, public order, or public health or morals. These limits must be lawful, reasonable and proportionate. This means that speech that promotes hatred, defames people or incites violence is not protected and may be regulated by law. For example, s18C of the Racial Discrimination Act 1975 (Cth) prohibits racial vilification.

Additionally, the High Court has also ruled that the Australian Constitution recognises an implied freedom of political communication. This is not a personal right to free speech, but a restriction on government power that ensures Australians can freely discuss political matters.

Freedom of Religion

In Australia, everyone has the right to choose their beliefs, to follow a religion, change their religion or to have none at all. This freedom helps to support a diverse, multicultural society where people are free to live according to their values. However, we also have a responsibility to respect the beliefs of others. Australians’ right to choose their religion is recognised and protected by s116 of the Constitution, which expressly prohibits the Commonwealth Government from making laws that establish a national religion or laws that limit religious practise. Freedom of religion supports freedom of speech by ensuring individuals can openly express, discuss, and practise their beliefs without censorship.

Freedom of the Press

Freedom of the press is the ability of media outlets to report on issues of importance to the community without interference from or control by the government. This is essential in protecting and supporting freedom of speech, and in ensuring that the public are fully informed about the performance of those in public service.  Although not expressly protected in the Constitution, it is protected to some extent by the High Court finding of an implied right to freedom of political communication.  

Freedom of Assembly and Association

Australians have the freedom to come together, to join protests, rallies or community gatherings in order to make their voices, opinions and feedback heard. This freedom allows people to stand up for what they believe in and push for change. It does however, come with responsibilities. Specifically, assemblies must be peaceful and may require permits/licences in some areas. They are also regulated by laws in all states, for example the Peaceful Assembly Act 1992 (Qld).

Freedom of Election and Being Elected

In Australia, all citizens over 18 have the right to vote in free and fair elections, and it is compulsory! This means everyone helps choose the government, making leaders accountable to the people and ensuring that many different views are represented. Participating as an elected official is another way that freedom of speech can be exercised by citizens.